Victorian Consolidated Legislation

Property Law Act 1958 - SECT 81

Effect of covenant with two or more jointly

81. Effect of covenant with two or more jointly



(1) A covenant, and a contract under seal, and a bond or obligation under
seal, made with two or more jointly, to pay money or to make a conveyance, or
to do any other act, to them or for their benefit, shall be deemed to include,
and shall, by virtue of this Part, imply, an obligation to do the act to, or
for the benefit of, the survivor or survivors of them, and to, or for the
benefit of, any other person to whom the right to sue on the covenant,
contract, bond or obligation devolves, and where made
after the commencement of this Act shall be construed as being also made with
each of them.

(2) This section shall extend to a covenant implied by virtue of this Part23.

(3) This section shall apply only if and as far as a contrary intention is not
expressed in the covenant, contract, bond or obligation, and shall have effect
subject to the covenant, contract, bond or obligation, and to the provisions
therein contained.

(4) Except as otherwise expressly provided, this section shall apply to a
covenant, contract, bond or obligation made or implied after the thirty-first
day of January One thousand nine hundred and five.